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Ord. 509-791 08-22-05ORDINANCE NO. 509-791 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOT 6, BLOCK 4, OF GARDEN ACRES SUBDIVISION, SECTION 2, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 219, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 2627 LAZY BEND STREET) (ZONE CHANGE APPLICATION NO. 1237) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF WALLACE AND EDITH LONGORIA, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, Wallace and Edith Longoria, owners, filed on May 31, 2005, an application for amendment pursuant to Section 28 of Ordinance No. 509, the Land Use and Urban Development Ordinance of the City, for approval of a change in the land use as provided for in said Section 28, said property being legally described in the original applications for amendment attached hereto and made a part hereof for all purposes as Exhibit "A"; and WHEREAS, on the 18th day of July, 2005, a Joint Public Hearing was held before the Planning and Zoning Commission and the City Council of the City of Pearland, Texas, notice being given by publication in the official newspaper of the City, the affidavit of publication being attached thereto and made a part hereof for all purposes, as Exhibit "B", said call and notice being in strict conformity with provisions of Section 28.3 and 28.4 of Ordinance No. 509; and WHEREAS, on the 28th day of July, 2005, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Wallace and Edith Longoria, owners, whereby the Commission recommended approval of the change of classification for the described 1 ORDINANCE NO. 509-791 property from its existing classification of Suburban Development District (SD) to Single Family Dwelling District (R-1); and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application and the recommendation of the Planning and Zoning Commission at a regular meeting on August 8, 2005; and WHEREAS, the City Council having fully heard the testimony and argument of all interested parties, and having been fully advised in the premises, finds that in the case of the application of Wallace and Edith Longoria, owners, presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: I. The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Suburban Development District (SD) is hereby zoned to Single Family District (R-1), such property being more particularly described as: Lot 6, Block 4, of Garden Acres Subdivision, Section 2, H.T. & B.R.R. Company Survey, Abstract 219, City of Pearland, Brazoria County, Texas (Located at 2627 Lazy Bend Street) II. The City Council of the City of Pearland finds and determines that the recitations in the preamble hereof are true and that all necessary prerequisites of law have been accomplished and that no valid protest of the proposed change has been made. The City Council further finds and determines that there has been compliance with the 2 ORDINANCE NO. 509-791 mandates of law in the posting and presentation of this matter to the Planning and Zoning Commission and to the City Council for consideration and decision. III. The City Council of the City of Pearland finds and determines that the amendment adopted herein promotes the health, safety, and general welfare of the public and is a proper valid exercise of the City's police powers. IV. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. V. All rights and remedies, which have accrued in the favor of the City under this Ordinance and its amendments thereto, shall be and are preserved for the benefit of the City. VI. The City Secretary is hereby directed to cause to be prepared an amendment to the official Land Use District Map of the City, pursuant to the provisions of Section 2 of Ordinance No. 509 and consistent with the approval herein granted for the reclassification of the herein above described property. VII. This Ordinance shall become effective after its passage and approval on second 3 ORDINANCE NO. 509-791 and final reading. PASSED, APPROVED, and ADOPTED on First Reading this 8th day of August , 2005. TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 22nd day of August , 2005. ATTEST: UNG Y SRETAR APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 4 ',i) ;?4(4 T M REID MAYOR LOCATION MAP 4E Zone Change Application s No. 1237 0 200 400 Feet I 1 1 1 Map Prepared on July 1, 2005 IVe 495-J AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Lloyd Morrow, hereby certify that the notice hereby appended was published in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for / issues, as follows: No. / Date " al 20 7 S No Date 20 No. Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this 20 1 LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2008 day o Laura Ann Emmons, Publisher Notary Public, State of Texas Published June 29 and July 6, 2005 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLICATION NO. 1237 Notice is hereby given that on July 18, 2005, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Hams and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Wallace and Edith Longoria, owners, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Suburban Development District (SD) to Single Family Dwelling District (R-1), on the follow- ing described property, to wit: Lot 6, Block 4, of Garden Acres Subdivision, Section 2, H.T. & B.R.R. Company Survey, Abstract 219, City of Pearland, Brazoria County, Texas (Located at 2627 Lazy Bend Street) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. /s/ Theresa Grahmann Senior Planner AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texa Brazoria and arris Counties I, Lloyd Morro , hereby certify that the notice hereby appended was published in THE REPO TER NEWS, a newspaper of general circulation in Brazoria, Harris and Gaivesto Counties, for / issues, as follows: No. / Date 7-6 No No No No. Subscribe and 2otO 20L?5 Date 20 Date 20 Date 20 Date 20 sworn to before me this LAURA .CNN EMMONS Notary PotniC State of Texas Commission Expires 0g_09-06 day of Laura Ann Emmons, Publisher Notary Public, State of Texas iblished June 29 and July 6, 2005 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLICATION NO. 1237 Notice is hereby given that on July 18, 2005, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and Port'Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Wallace and Edith Longoria, owners, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Suburban Development District (SD) to Single Family Dwelling District (R-1), on the follow- ing described property, to wit: Lot 6, Block 4, of Garden Acres Subdivision, Section 2, H.T. & B.R.R. Company Survey, Abstract 219, City of Pearland, Brazoria County, Texas (Located at 2627 Lazy Bend Street) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. /s/ Theresa Grahmann Senior Planner P1annin & Zoning Commission Recommendation Letter July 28, 2005 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. 1237, a request by Wallace and Edith Longoria, owners, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Suburban Development District (SD) to Single Family Dwelling District (R-1) Honorable Mayor and City Council Members: At their regular meeting of July 18, 2005, the Planning and Zoning Commission considered the request for a zone change from Suburban Development District (SD) to Single Family Dwelling District (R-1), on the following property: Legal Description: Lot 6, Block 4, of Garden Acres Subdivision, Section 2, H.T. & B.R.R. Company Survey, Abstract 219, City of Pearland, Brazoria County, Texas General Location: Located at 2627 Lazy Bend Street Commission Member Greiner made a motion to recommend approval of the zone change request, which was seconded by Commission Member McWhorter. The motion to approve passed 4 — 0. The zone change was recommended for approval by the Planning and Zoning Commission. Sincerely, Planning and Zoning Commission Agenda Request 1237 Page 3 of 3 May 2005 APPLICATION FOR A CHANGE IN ZONING Please check one: City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1768 281-652-1702 fax www.cityofpearland.com I q Change in Zoning Classification from: (24 4:-CA,L) AZ— to: 4--c-1-,-- if (list current zoning) (list proposed zoning) Specific Use Permit Request for : (list proposed use) Property Information: / 2 1 / .� Address: 4 o?- 7 ,L 1 '/ 6/V6r, Tax Account No. 6L24/ — d (30 - Gam© Subdivision: (} fC� 7'�I ,V �`-r C r Lot: 6, Block: " :. 'Attach a copy of the metes and bounds description, survey, or legal description** Current use of property 67 `E "o R ' 9//VC LE (type of structures on property): 0 0 fV ( C (/i6 ( & R 1 C- l� Future/proposed use of property and reason for zone change: i) 0 M i C_. , L-=m l_ 1 V I N CP- 5P ACE- A TD D PROPERTY OWNER INF/ORMATION: APPLICANT INFORMATION: NAME )/i . l--6C`7:= ,l / / , 0 IV (7-0 ice, / •fq NAME • a A' A'l ADDRESS .2.(a -'7 ,i-a Y !3 "0) ,c-I/ . `: '- ADDRESS CITY P A°R L? 1? STATE-7-5( ZIP r. 77S 8 / CITY STATE ZIP PHONE( 2-S 1 ) :' R ` ,2- PHONE( ) FAX( ) FAX( ) E-MAIL ADDRESS E-MAIL ADDRESS PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I certify to the best of my knowledge that this is a true description of the property upon which I have requested the above checked action. l I understand that I fully responsible for the correctness of the legal description given. Owner's Signature: Date: .S' — Agent's Signature: Date: OFFICE USE ONLY: FEES PAID: DATE 6/ PAID: 31/05 RECEIVED BY: lam` APPLICATION 2 �7 NUMBER: I03 / ***APPLICATION IS CONSIDERED INCOMPL T$WITHOUT A METES AND BOUNDS DESCRIPTION OR SURVEY AND pH APPLICATION FEE*** ■ G)' z 73 HEBERT H Li • 1 HAGER LARRY J j P ommillEA GENARO JOHN R & JULEE J , SMITH MARKE & ROBYN L 1651 GARDENIA ST 1111.11111111111111 11111 MCCOYHOMERE SUBJECT MCCAA MARIAN PROPERTY 200' NOTIFICATION LIMITS BROADWAY ST 1ESTDEVELOPMENT ` CO INC LESLIE STAN A LESLIE STAN A PEARLAND m r v AHLAWAT'DALJIT SINGH 111111 MI 111111 cn 0 v WEST OAKS CIR Do r m r z OWNERSHIP MAP W+E Zone Change Application s No. 1237 0 200 400 Feet 1 1 I 1 1 Map Prepared on July 1, 2005 PROP ID OWNER R211203 R164488 R211204 R211199 R164494 R211196 R211197 R211198 R211205 R491439 R535761 R491438 MCCOY HOMER E LESLIE STAN A MCCAA MARIAN SMITH MARK E & ROBYN L PEARLAND ISD HEBERT H L HAGER LARRY J GENARO JOHN R & JULEE J LONGORIA WALLACE L LESLIE STAN A R WEST DEVELOPMENT CO AHLAWAT DALJIT SINGH ZONE CHANGE APPLICATION NO. 1237 Property Owner Notification List ADDRESS 2601 LAZY BEND ST 2617 LAZY BEND ST 2613 LAZY BEND ST 2628 LAZY BEND ST PO BOX 7 2554 LAZY BEND ST 2608 LAZY BEND ST 2620 LAZY BEND ST 2627 LAZY BEND ST 2617 LAZY BEND ST INC 7918 BROADWAY STE 106 2916 EAGLE LAKE DR CITY ST ZIP CODE LEGAL DESCRIPTION PEARLAND TX 77581-1005 PEARLAND TX 77581-1005 PEARLAND TX 77581-1005 PEARLAND TX 77581-1004 PEARLAND TX 77588-0007 PEARLAND TX 77581-1002 PEARLAND TX 77581-1004 PEARLAND TX 77581-1004 PEARLAND TX 77581-1005 PEARLAND TX 77581-1005 PEARLAND TX 77581 PEARLAND TX 77581-4772 GARDEN ACRES (A0219 H T & B R R), BLOCK 4, LOT 4 SEC 2, ACRES 0.790 A0219HT&B RR, TRACT 36H3, ACRES 1.780 GARDEN ACRES (A0219 H T & B R R), BLOCK 4, LOT 5 SEC 2, ACRES 0.790 GARDEN ACRES (A0219 H T & B R R), BLOCK 3, LOT 7 SEC 2, ACRES 0.720 A0219 H T& B R R, TRACT 1-2, ACRES 20.000 GARDEN ACRES (A0219 H T & B R R), BLOCK 3, LOT 4 SEC 2, ACRES 0.720 GARDEN ACRES (A0219 H T & B R R), BLOCK 3, LOT 5 SEC 2, ACRES 0.720 GARDEN ACRES (A0219 H T & B R R), BLOCK 3, LOT 6, ACRES 0.720 GARDEN ACRES (A0219 H T & B R R), BLOCK 4, LOT 6 SEC 2, ACRES 0.790 A0219 H T & B R R, TRACT 3 GABRIEL ENTERPRISES SUB, ACRES 1.000 JOSEPH'S GRILLE SEC 1 (A219 HT&B), BL 1, LOT RES A, ACRES 2.5633 A0219 H T & B R R, TRACT 2 GABRIEL ENTERPRISES SUB, ACRES 0.516 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF JULY 18, 2005 Zone Change Application No. 1237 TO: City Council Planning and Zoning Commission SUBJECT: A request by Wallace and Edith Longoria, owners, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Suburban Development District (SD) to Single Family Dwelling District (R-1) LEGAL Lot 6, Block 4, of Garden Acres Subdivision, Section 2, H.T. & DESCRIPTION: B.R.R. Company Survey, Abstract 219, City of Pearland, Brazoria County, Texas GENERAL LOCATION: Located at 2627 Lazy Bend Street APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change application will be considered as follows: Planning and Zoning Commission: July 18, 2005* City Council for First Reading: August 8, 2005* City Council for Second Reading: August 22, 2005* (*dates subject to change if item is tabled) SUMMARY: The applicant is requesting a change in zoning on the subject property for single family residential uses. The subject property was annexed into the City in 1995 and was subsequently zoned as SD. The subject property is currently developed with the applicant's residence. The applicant has indicated that they plan to construct an addition to the residence if the zone change is approved. ZCA No. 1237 Page 1 SURROUNDING ZONING AND LAND USES: Zoning North Single Family Dwelling District (R-1) South Commercial District (C) East Commercial District (C) West Single Family Dwelling District (R-1) Land Use Single family residence Various commercial establishments (motel and restaurant) Commercial activities Single family residences } CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The applicant is requesting an R-1 zoning district. The minimum lot size for the R-1 district is 8,800 square feet and the minimum lot width is 80 feet. The subject property in its present configuration meets these minimum requirements, as the subject property is over 100 feet wide and is over one-half acre in size. a The applicant will be required to comply with all other requirements of the Land Use and Urban Development Ordinance. PLATTING STATUS: Based on the legal description and survey submitted with the zone change application, it appears that the subject property has been platted as Lot 6, Block 4, of the Garden Acres Subdivision. No further platting is required at this time. CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004 update adopted on July 26, 2004) recommends "Low Density Residential" for the subject property and for many of the surrounding properties on Lazy Bend Street. The Comprehensive Plan further indicates that the appropriate zoning districts for "Low Density Residential" are the Estate Lot Single Family Dwelling District (R-E) and the Single Family Dwelling District R-1. Therefore, the proposed zone change conforms to the Comprehensive Plan. CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage on Lazy Bend Street, a local/residential street. The Thoroughfare Plan does not specify any improvements to Lazy Bend Street. No other roadways affect the subject property. ZCA No. 1237 Page 2 AVAILABILITY OF UTILITIES: There is City water and sewer service available for the subject property. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The proposed zone change should not negatively impact any surrounding properties. Even though the property is zoned as SD, it has been developed with a single family residence for several years now. Most of the lots along Lazy Bend Street are zoned as R-1, although a few are still zoned as SD. PUBLIC COMMENTS: Public notice/comment forms were mailed to property owners within 200 feet of the subject property under consideration. A legal notice of public hearing was published in the local newspaper, and a Zoning Sign was placed on the subject property. STAFF RECOMMENDATION: Staff recommends approval of the zone change for R-1 as proposed by the applicant, for the following reasons: 1. The proposed zone change provides for an R-1 lot, consistent with Low Density Residential as recommended by the Comprehensive Plan, thereby being in conformance with the Comprehensive Plan. 2. The proposed zone change is consistent with existing R-1 zoning districts within the subject areas, as well as being consistent with existing single family residential uses within the subject area. SUPPORTING DOCUMENTS: • Notice of Public Hearing • Zone Change Application • Location Map • Property Ownership Map • Property Owner Notification List • Zoning Map • Future Land Use Plan ZCA No. 1237 Page 3 ZONING MAP Zone Change Application No. 1237 w s E 0 200 400 Feet 'till I Map Prepared on July 1, 2005 (F-M 518,),`' `. FUTURE LAND USE PLAN Zone Change Application No. 1237 WEST OAKS C R 0 200 400 Feet 1 1 1 1 1 Map Prepared on July 1, 2005